EL SAMAD (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Student (Temporary) (Class TU) Subclass 572 visa. The applicant's visa was cancelled on the basis that he had breached condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study. The Tribunal was required to determine whether the applicant had indeed breached this condition and, if so, whether the discretion to cancel the visa should be exercised.

The central legal issue was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. This condition mandates that a student visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance. The applicant's visa was cancelled because Provider Registration and International Student Management System (PRISMS) records indicated he had not been enrolled in a registered course for a period of almost eight months prior to the delegate's decision.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course during the relevant period. While the applicant presented reasons for his change in study goals and his impending marriage as compelling reasons to remain in Australia, the Tribunal found his evidence regarding his study progress to be vague and evasive. Despite being in Australia for seven years, his stated career aspirations had shifted from business to construction, and his explanations about his academic history and various education providers lacked clarity and documentary support. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.